ACIT, Circle - 4, Kolkata V. M/s. Apex Enterprises (I) Ltd., Kolkata

ITA 1795/KOL/2008

• Counselvise Citation: 179523514 RSA 2008
• Duration Of Justice: 6 year(s) 3 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-01-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 26-08-2011
• Assessment Year: 2001-2002
• Appeal Filed On: 16-09-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PIJU SH MUKHERJEE SR D R
• Assessee Lawyers: D S DAMLE F

Judgement Text

I.T.A. NO . 1795 / KOL ./20 0 8 ASSESSMENT YEAR: 200 1 - 20 0 2 PA GE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI MAHAVIR SINGH (JUDICIAL MEMBER) AND SHRI SHAMIM YAHYA (ACCOUNTANT MEMBER) I.T.A. NO. 1795 / KOL / 20 0 8 ASSESSMENT YEAR : 200 1 - 20 0 2 ASSISTANT COMMISSIONER OF INCOME TAX, ... .... ......... .. .APP ELL ANT CIRCLE - 4 , KOLKATA, P - 7, CHOWRINGHEE SQUARE, 8 TH FLOOR, KOLKATA - 700 0 69 - VS. - M/S. APEX ENTERPRISES (I) LIMITED, ........ ... ... ... . RESPONDENT 4, MANGOE LANE , KOLKATA - 700 00 1 [PAN : A A DCA 7387 A ] APPEARANCES BY: S HRI PIJU SH MUKHERJEE , SR. D.R., JCIT, FOR THE DEPARTMENT SHRI D.S. DAMLE , F.C.A. , FOR THE ASSESSEE DATE OF CONCLUDING THE HEARING : JANUARY 13 , 2 01 5 DATE OF PRONOUNCING THE ORDER : JANUARY 15 , 201 5 O R D E R PER SHAMIM YAHYA : THIS IS AN APPEAL FILED B Y THE REVENU E AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS) - IV , KOLKATA IN APPEAL NO. 1 1 3 / CIT(A) - IV / 06 - 0 7 DATED 0 6 . 1 2 .20 0 7 FOR THE ASSESSMENT YEAR 200 1 - 0 2 . 2. THE GROUNDS OF APPEAL READ AS UNDER: - (1) THAT ORDER OF LD. CIT(APPEALS) IS BAD IN LAW, HENCE NOT ACCEPTABLE. (2) THAT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, LD. CIT(APPEALS) HAD ERRED IN LAW AS WELL AS ON FACTS BY DELETING THE ADDITION OF RS.10,67,500/ - ON ACCOUNT OF INTEREST RECEIVABLE FROM M/S. SHAW WALLACE & CO. LTD. I.T.A. NO . 1795 / KOL ./20 0 8 ASSESSMENT YEAR: 200 1 - 20 0 2 PA GE 2 OF 2 (3) THAT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, LD. CIT(APPEALS) HAD ERRED IN LAW AS WELL ON FACTS BY DELETING THE ADDITION OF RS.10,67,500/ - ON ACCOUNT OF INTEREST RECEIVABLE WHEN THE ASSESSEE ITSELF CLAIMED THE TAX DEDUCTED AT SOURCE ON SUCH INTERES T INCOME. 3. IT IS NOTED THAT THE SAME ISSUE HAS BEEN RAISED BY THE REVENUE IN ITA NO. 284/KOL/200 8, WHICH IS ALSO AN APPEAL AGAINST THE SAME ORDER OF LD. CIT(APPEALS). THERE ARE SOME OTHER ISSUES ALSO RAISED IN ITA NO. 284/KOL/20 08 . SINCE THE ISSUE RAISE D IN THIS APPEAL I S ALSO RAISED IN ITA NO. 284/KOL/200 8 , THE PRESENT APPEAL IS TREATED AS INFRUCTUOUS, INASMUCH AS THE SAME ISSUE HAS BEEN RAISED BY THE REVENUE IN ANOTHER APPEAL FOR THE SAME YEAR AGAINST THE SAME ORDER. 4. IN THE RESULT, THIS APPEAL FIL ED BY THE REVENUE STANDS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH JANUARY , 201 5 . SD/ - SD/ - MAHAVIR SINGH SHAMIM YAHYA (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKAT A, THE 15 TH D AY OF JANUARY , 201 5 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 4 , KOLKATA, P - 7, CHOWRINGHEE SQUARE, 8 TH FLOOR, KOLKATA - 700 0 69 (2) M/S. APEX ENTERPRISES (I) LIMITED, 4, MANGOE LANE, KOLKATA - 700 001 ( 3) COMMISSIONER O F INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNA L KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S .